Bigelow v. Nickerson
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin. This was a libel in personam, exhibited in the court below by the appellee against the owner of the steamer Robert Holland, claiming damages for the death of Erik Anderson, in a collision between the schooner William Aid-rich and -the barge Parana, which barge, with the barge Stevenson, was af the time in tow of the steamer Robert Holland.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin. This was a libel in personam, exhibited in the court below by the appellee against the owner of the steamer Robert Holland, claiming damages for the death of Erik Anderson, in a collision between the schooner William Aid-rich and -the barge Parana, which barge, with the barge Stevenson, was af the time in tow of the steamer Robert Holland. The collision is asserted to have been causéd by the fault of the Robert Holland. The collision occurred at about 5 a. m. of the morning of November 1, 1891, under…
1DissentShowalteb, Circuit Judge
The statute of Wisconsin, upon which the adjudication in the court below was predicated, gives to the administrator a right of recovery in case his suit is “brought for a death caused in this state and in some court established by the constitution and laws of the same.” Lord Campbell’s act, as commonly re-enacted in the American states, gives a right of recovery to the administrator, for the benefit of specified persons, in cases where the deceased, if he had survived, could have maintained an action for the injuries which caused his death. Such enactments, being in derogation of the common…
2Cases cited9 opinions
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Chandler v. HannaSupreme Court of Alabama · 1882
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
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